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(영문) 대전지방법원 2020.03.13 2019고단4769
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 28, 2008, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Daejeon District Court.

On October 14, 2019, at around 21:25, the Defendant driven a Dsch Rexroth car with a blood alcohol concentration of about 0.041% under the influence of alcohol from about 20 meters from the back of the Daejeon Pung-gu B to the front of the same Gu C building.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Control note, report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, notification of the results of the drinking control, and inquiry into the results of the fact;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation (in light of the danger and seriousness of the harmful effects of a drunk driving, the liability for the crime is unlimited, the error is remarkably divided, the degree of blood alcohol level at the time is relatively low, the distance of drunk driving was shorter, and the accident occurred even though the previous conviction was ten years, and circumstances favorable to the previous conviction, other than the previous conviction, have no criminal power);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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